the_proxycyanide_officalfandomcom-20200213-history
DMCA Prevention
Simon Phung often created original assets to prevent him from getting a DMCA takedown, and this is actually due to copyright law along with the copyrighted material. The process was seemingly simple, so another contribution occurred to prevent that from possibly happening. This was created due to the fact that Nintendo were slapping games with unnecessary DMCA takedowns, so Simon Phung went to great lengths to prevent that from happening, such as renaming the model or designing it differently. Simon Phung did not make any money from any form of copyrighted assets, so copyright claims could be disputed. Simon Phung said in a statement explaining that he is only going to earn money through government benefits, not monetized works. * Because Simon Phung had autism, he doesn't need to monetize any of his work, the government will provide him some money ** Simon Phung is unable to work because of his Autism, so government support is applied. Simon Phung declared his unlicensed copyrighted materials as parodies just to prevent Nintendo from suing him, he then made a thread on the Nintendo Support Forums '''explaining about copyrighted assets and he explained that he used '''Nintendo's assets legally. Someone else also explained that "copyright law is pretty grey on this topic saying that Simon Phung himself did not make any money from Nintendo's assets and he had original works himself, so his works are valid for Fair Use"' ''meaning his work did not count as copyright infringement under both '''US and Canadian law. Fair dealing doctrine Fair dealing in Canada is a copyright exemption which Simon Phung and other members of the XNDUIW team used, although the XNDUIW crew simply had to write down the source and even the author of the copyrighted material for it to count as Fair dealing in Canada, indicating that Simon Phung, and other members of XNDUIW were not infringing Nintendo in any way. This made Simon Phung's work exempt from a DMCA Takedown since it wasn't counted as an infringement and Canadian law stated that "Simon Phung's work, containing copyrighted assets were derivative works", although original assets made by Simon Phung were indeed created by him and AlphaBoat. ] Simon Phung did not intend of uploading copyrighted materials into ROBLOX so if you ask him to add a copyrighted character into ROBLOX, then he won't add it in, to prevent an incoming lawsuit heading for Simon Phung. The final step that Simon Phung had to do is include the source and author of the copyrighted material so his work wouldn't count as an infringement anyway. Thankfully, Simon Phung managed to obey the law and he mostly created original assets after the model was created over issues with copyright law, and he explained to a teaching assistant saying "Can you get in trouble for copyright infringement" and technically, you can get in trouble for copyright infringement, but Simon Phung used copyrighted work only as a parody and mostly created original assets. You can find this out in Simon Phung's Inventory if you access his models. Simon Phung's original assets are properly licensed with a Creative Commons attribution license meaning Simon Phung's original works can be freely used without trouble. Responses Some members in certain given discord servers were impressed with Simon Phung's work although there were risks, one risk was CBE Simon would possibly get sued by Nintendo but that risk was considered minimal at the time since Simon Phung was not making any money out of copyrighted work. Also, some responses were quite negative due to the fact that the model was created in ROBLOX studio and one person also received a warning from the XNDUIW crew for insulting Simon Phung. Category:Copyright